§ 50-354. Special permits.

(a)

Permit process .

(1)

Applications for a special permit for relief from the maximum sound level limits designated in this division for the events or activities described below, also referred to in this section as a permit, may be made in writing to the county coordinator or designee. A permit is not required under this section if sound levels, including amplified sound, will not exceed the maximum sound level limits designated in this division.

(2)

A permit application shall include the name, address and telephone number of the permit applicant; the date, hours and location for which the permit is requested; and the nature of the event or activity. The application must be submitted at least ten days in advance of the event, excluding holidays and weekends.

(3)

Upon receipt of a permit application, the county coordinator or designee will review the application and issue a decision promptly, but in no event less than three days prior to the date of the event. If no decision is issued by the time specified, the permit will be considered to be issued. The permit shall be issued provided the proposed activity meets the requirements of this section.

(4)

Any permit granted pursuant to this section must be in writing and shall contain all conditions upon which the permit shall be effective or allowed.

(5)

The county coordinator or designee may prescribe any reasonable conditions or requirements for any permit issued that he/she deems necessary to minimize noise disturbances upon the community or the surrounding neighborhood, including but not limited to the use of mufflers, screens or other sound-attenuating devices.

(b)

Permits for entertainment . Permits may be granted for the purpose of entertainment under the following conditions:

(1)

The function must be open to the general public (admission may be charged).

(2)

The function must take place on public property, or public space, provided that only six functions requiring a permit pursuant to this section may be held on any particular public property or public space per calendar year.

(3)

The permit will be granted for only four hours in one 24-hour day or any reasonable extension thereof as authorized by the county coordinator or designee.

(4)

The permit will only be granted for hours between 9:00 a.m. and. 12:00 midnight on all days other than Friday and Saturday; and, on Friday and Saturday, between the hours of 9:00 a.m. and 1:00 a.m. of the following day, except in the following circumstances:

a.

A permit may be granted for hours between 9:00 a.m. on New Year's Eve and 1:00 a.m. the following day (New Year's Day).

b.

A permit may be granted for hours between 9:00 a.m. and 2:00 a.m. the following day if there are no private residences, hospitals or nursing homes within a 0.5 mile radius of the property where the function is taking place.

(5)

Functions for which the permits are issued shall be limited to a continuous airborne sound level not to exceed 70 dBA, as measured 200 feet from the real property boundary of the source property. When one or more streets are closed adjacent to the source of the sound, the measurement shall be taken 200 feet from the boundary of the closed area. An applicant may be required to provide the equipment and measurements described under this subsection in order to demonstrate compliance herewith.

(c)

Other permits . Special permits for non-entertainment special purposes may be issued under the following conditions:

(1)

Nonrecurring .

a.

If the special purpose relates to the operation of a trade or business, the special purpose shall not be in the ordinary course of that trade or business; or

b.

If the special purpose does not relate to the operation of a trade or business, the special purpose shall not be an ordinary event in the normal and customary allowed use of the property that is the subject of the application.

(2)

Recurring . If the special purpose is a recurring purpose, it shall not recur more often than four times each calendar year; and:

a.

The special purpose shall be essential to the operation of the applicant's trade or business; or

b.

If the special purpose is not essential to the operation of a trade or business, the special purpose shall be compatible with the normal and customary uses and activities of the surrounding neighborhoods;

(3)

Hours . A permit for a non-entertainment special purpose may be issued only for hours between 7:00 a.m. and 11:00 p.m. the same day on weekdays; and

(4)

Duration . A permit for a non-entertainment special purpose may be issued for no longer than one week, renewable by further application to the county coordinator or designee, provided the applicant otherwise meets the provisions of this section.

(Ord. No. 2015-09 , § 8, 12-8-2015)